Legal Question in Bankruptcy in Minnesota

Re: Are Social Security Numbers Public Information?

Well, I'll just make a couple of comments. You rightfully point out that what you have found is alarming. Quite a bit of the detail available on line is alarming. If you want to see some more scary stuff, look for real estate information about somebody. Most counties in MN have web sites with all kinds of detailed information.

Yes, the social security numbers are public information. Anything that appears in a court file is public information. That's how our system works. It's been that way since way before the internet. The thinking is that whatever the courts, or any other branch of government for that matter, are doing should be entirely open to public scrutiny. No secret trials. No secret punishments. No secret anything.

So if you use any court for any reason, whatever goes in the file is public. Of course the internet now makes it easier to access. You used to have to walk into the court house and sit down and look at the files.

There are some changes and reforms in the works. In Minnesota divorces, for example, the social security numbers are now filed in a document that is sealed and is not open to the public. That started about three years ago for the reasons that are apparent to you. Nothing like that is in the works for bankruptcy as far as I know.

The reform legislation pending before congress (it's been pending for about 4 years now in one form or another) does have a provision changing the requirement that a person filing a bankruptcy has to list the names and ages of their children. The thinking is that having those children listed as public information makes it too easy for the wackos who might do them harm.

Just a couple of more things. First, when its comes to identity theft, most of those folks who are listed as bankrupt have absolutely no credit and would not be anyone an identity thief would be interested in. I do lots of bankruptcy work. It's not a problem any client of mine is worried about.

Secondly, the site you complain of has nothing to do with the State of Minnesota. Bankruptcy is federal and you are talking about a site that is part of the federal court system. The feds have better funding and so have their stuff more available on line than the state does. When is comes to looking up personal info in a state court file, you still have to walk down to the court house (this will undoubtedly change - the state guys would have their stuff up on line if they had the funding for it and they want the funding).

Thanks for your concern. You might want to write your congressperson about this. If the state can hide the social security numbers in divorce files, doing it for the bankrupcty files should not be so hard or disruptive.